Sigmaspv1 N1 - old HSBC OD.***Claim Struck Out***

[mjt2013]

You should sign the statement just below the statement of truth. So your statement should end with:

 

I believe the facts stated in this witness statement are true.

 

(Signature)

[Artheratkins]

Thank u. I am slightly concerned about putting my signature on the copy of the statement going to sigmas solicitors. Is it necessary on their copy

[mjt2013]

The Rules require the statement to be signed.

[Artheratkins]

I've printed my name. I've seen the link for the anti-fraud signature, my scanner is on the blink. I've copied the page in sending to Sigma's solicitors.

 

have you previous experience in this legislation ?

[Artheratkins]

Hi

 

I have received a letter this morning from H L Solicitors requesting to vary the time for exchange from 28 days, (statements due in by 9th dec) to 14 days before the case (23rd dec), it says they havent received the information they were waiting from HSBC. I can raise an objection, which I intend to do..

 

Can some one urgently please let me know what I have to do to do this..

 

regards

 

AA

[AndyOrch]

The claimants has to seek your permission and the courts to vary any of the DJ Directions by way of an application.

 

You must consider how this will impact on your case should you agree or disagree....to agree would allow little if any time for your consideration/response.

 

Should you disagree and refuse permission a simple phone call or email would suffice.

 

Regards

 

Andy

[Artheratkins]

How do I go about disagreeing, the DJ on the 29th oct said she wanted 28 days, it would benefit me, and I agree. I have a copy of their application to the court.

 

I am sure if I disagree the DJ will as well.

[Artheratkins]

an email to H L Solicitors or court or both

[AndyOrch]

To both and also state that if they fail to meet the time imposed by the DJ then you will also make application to strike out their claim and request sanctions imposed for not compliance of the DJ Directions.....Pursuant to CPR 3.

 

That should give them something to think about:wink:

[Artheratkins]

Do i have to give reasons for disagreeing, or can i just state i object and disagree tobthe varying if time

 

AA

[AndyOrch]

No you dont have to give reasons...if any you would be disadvantaged.

[Artheratkins]

Ok

 

H L Solicitors

Grosvenor House

Prospect Hill

Redditch .

B97 4DL.

 

 

 

Sigma SPV1 Limited V **********

 

Claim Number ********** . 5th December 2013.

 

 

 

 

Dear H L Solicitors,

 

I write regarding the above claim.

 

I wish to make very clear that I register objections and disagree to your application for proposal to vary District Judge******* Directions regarding the time for witness statement exchange on the above case against myself, from 28 days to 14 days.

 

If you fail to meet the time imposed by District ******* on the 29th October 2013, Then I will make an application to strike out the claim and request sanctions for non compliance of District Judge **** Directions. Pursuant to CPR 3.

 

Your Sincerely

 

 

And this is the email to the court manager:

 

The Court Manager

Court address

 

 

 

Sigma SPV1 v****** 5th December 2013

Claim Number: ********

 

 

 

Dear Sir/Madam,

 

I today, (*th December 2013) have received a request and copy application from H L Solicitors to vary the Directions by District Judge ****, for witness Statement exchange from 28 days to 14 days.

 

I wish to register my objection and disagree to this request.

 

on the 29th October 2013, myself and a representative from H L Solicitors appeared before District Judge ****, who directed a 28 day witness exchange.

 

I hope that this notification of objection and disagreement suffices the necessary legislation.

 

Yours sincerely

 

 

 

If you have any advice regarding any of the above please amend.

 

AA

 

.

[AndyOrch]

[Artheratkins]

I have in the email to H L solicitors added the courts as a cc

i haven't sent them yet, i will asap. Should i leave the cc or doesn't really matter. I just wanted H L to realise i wasn't messing.

[AndyOrch]

You must also send your objection to the court...otherwise its pointless.

[Artheratkins]

Ok, so the email to H L solicitors, to also send to courts, and also send the 2nd email to the courts as well. I will forward both emails in hard copy as well.

[AndyOrch]

Ah no AA I though you ment the second one....so you was using the cc as a stick....only send the 2nd to court...with you now long day..eyes are crossing:wink:

[Artheratkins]

No probs.

 

thank u.

[Artheratkins]

;Il ask for confirmation but i think i know the answer. should i still send my witness statement to H L solicitors and court? I would have to send today as jd directions said all information had to be in by 9th dec and received by all parties.

[Artheratkins]

Sent emails this a.m. To object to varying time, H L solicitors email came straight back person who heads the claim is away til 10th dec and her emails aren't monitored. Il send it via post today and pay for delivery on Monday.

[AndyOrch]

;Il ask for confirmation but i think i know the answer. should i still send my witness statement to H L solicitors and court? I would have to send today as jd directions said all information had to be in by 9th dec and received by all parties.

 

That would be an affirmative then

[Artheratkins]

I ended up ringing H L Solicitors today, i was told the person dealing with the case was on annual leave, i asked to speak to the person was was dealing with the claim in her absence, the young lady took the case number and said, umm well she isn't here, give me your phone number Il get her to ring u. I refused and asked her to pass a message on.

 

so I've emailed, phoned and sent by next day delivery the above letter. I wasn't giving any chance of them saying i hadn't notified them in time.

 

i emailed court, of which i had a response to say the emails are accessed daily, but could take up to 10 days to process.

 

I've also sent witness statement on next day traceable to court and H L solicitors. Guaranteed delivery by 1pm Monday.

 

so will now wait to hear what other excuses they concoct. Be interesting to find out why they waited til 2 days before filing date for witness statement, before they tried to vary the date. Funny that it was 2 days before deadline!! And the solicitor is on leave.

[Artheratkins]

Right here we go again!!

 

Letter from court today, IT IS ORDERED THAT;

 

1. Time for service of the defendants witness statement extended to 4pm 20/12/2013

 

2. This order has been made without a hearing under the courts case management powers contained in the civil procedure rule part 33.

 

You may within 7 days of the service of this order apply to the court to set aside, or to vary the order under part 23, rule 10. You must file with the court, and srvce on other parties, an application that sets out your reasons for objection.

 

when your objection has been received, the original application will be listed for hearing, unless you ask the court to vary the order without a hearing.

 

dated 6 december 2013.

 

I am confused!!, I already objected, phoned, emailed both the court and the solicitors on Friday.

 

Today was the given date for all witness statements to be received. Mine got there..

 

What do I do now.

 

AA.

[Artheratkins]

sorry duplicated post

[AndyOrch]

Ok AA the above is the way the Court like to handle it....ideally you should have submitted an application N244 re your objection....your letter /email has been disregarded but you can now make application to submit your objection.

You have 7 days as stated above to vary the order...there is a fee of £45.

 

It appears the claimant made application irrespective of your response....the question is it really worth it now because the court would probably allow the extension?

 

Regards

 

Andy